RAMU JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed by the appellants against the judgment and order dated 15.02.2014 passed by the Additional Sessions Judge, E.C. Act, Barabanki in S.T.No.1430 of 2011, whereby the appellants have been sentenced to undergo rigorous imprisonment of ten years under Section 376 (G) IPC along with a fine of Rs.5,000/ -. They have further been convicted and sentenced to undergo rigorous imprisonment of two years along with a fine of Rs.1000/ - each under Section 452 IPC and one year rigorous imprisonment along with a fine of Rs.1000/ - each under Section 506 IPC.

(2.) I have heard Sri Manish Singh learned counsel for the appellants and the learned A.G.A. for the State.

(3.) THE prosecution case, in short, is that on 02.08.2011, at about 12.30 a.m. the appellants entered into the house of the informant by breaking open the door and pointed a country made pistol towards the informant. They said that they would rape his daughter one by one, and in case, he raised any voice, he would be killed. It is further stated that the appellant no.1 Ramu Jaisawal torned the cloths of the prosecutrix and committed rape in front of the informant. Thereafter, the appellant no.2 also raped the informant's daughter in front of him. In the meantime, when the informant made hue and cry, the people from nearby places collected on the spot and the appellants escaped after opening fire upon the informant. The prosecution case is that while running away from the place of occurrence, the appellant Ramu Jaiswal also snatched Rs.2000/ - cash from the informant. The informant lodged the First Information Report of this occurrence which was registered on 04.09.2011. The Investigating Officer visited the place of occurrence and prepared a site -plan. He also interrogated the prosecutrix as well as other witnesses. The prosecutrix was subjected to medical examination. After completion of investigation, the Investigating Officer submitted charge -sheet.